GA adopts global plan of action to combat human trafficking

01.09.2010

On 31 August 2010, a high-level meeting of the General Assembly launched the Global Plan of Action to Combat Trafficking in Persons. The plan was adopted by the Assembly in a consensus resolution (64/293) on 30 June 2010, following broad consultations with Member States that were led by facilitators from Portugal and Cape Verde.

 

On 31 August 2010, a high-level meeting of the General Assembly launched the Global Plan of Action to Combat Trafficking in Persons. The plan was adopted by the Assembly in a consensus resolution (64/293) on 30 June 2010, following broad consultations with Member States that were led by facilitators from Portugal and Cape Verde. Key elements of the plan include the creation of a voluntary fund to protect and assist victims, its emphasis on prosecuting perpetrators, and its promotion of stronger, more cooperative partnerships between States, civil society and the private sector. Although all States welcomed the plan of action, some alluded to the 'difficult' debates that had arisen in the negotiations. These centred around concerns, mostly from Western States, that the plan's voluntary nature would undermine enforcement of existing legally-binding instruments, which they regarded as the 'cornerstone' of anti-trafficking efforts.

Belgium (on behalf of the EU), Colombia, Japan and US stressed that the legally-binding instruments, particularly the Palermo Protocol to  Prevent, Suppress and Punish Trafficking in Persons, must remain the cornerstone in the fight against human trafficking. However, the majority of States did not see the (non-binding) action plan as duplicative of, or in competition with the existing legal framework. Rather they welcomed it as the much-needed 'breakthrough' that could muster the kind of cooperation and genuine partnership amongst States, civil society, business and others, that has been sorely lacking. In their view, the lack of an inclusive, coordinated, comprehensive approach to this 'heinous' crime had allowed traffickers and organised crime syndicates to out-pace and out-manoeuvre all efforts to date. However, Cuba's suggestion that the action plan was indeed the real 'cornerstone' in the fight against trafficking, showed that some States at least, have lost confidence in the legal framework and are intent on promoting alternative approaches.

Highlights of the high-level launch

The launch of the Global Action Plan commenced with statements from the President of the General Assembly, Dr Ali Treki, and the Secretary-General, Mr Ban Ki-moon. Presentations by three experts* in the fight against human trafficking followed. Given the enormous scale of the problem, and the gravity of the violations against women and children, they emphasised the need for States to deploy a range of tools to fight human trafficking. In their view, the goal of universal ratification of existing anti-trafficking international instruments should go 'hand in hand' with implementation of the global plan of action. However, they also advised that States must step up their efforts to enact domestic laws and policies that will give effect to the global plan of action.   

A total of 15 States** took part in the subsequent interactive dialogue. Some States reiterated the Secretary-General's comment that human trafficking was indeed a form of modern-day slavery, and that ten years on from the adoption of the Palermo Protocol, the world needed to recommit to fighting the 'scourge' in a more consistent and coordinated manner. The action plan was universally supported, with most speakers welcoming the following features:

  • emphasises a human-rights based approach to preventing trafficking, which requires a victim-centred response
  • establishes UN Voluntary Trust Fund for trafficking victims which will protect vulnerable people and support physical and psychological recovery
  • recognises the 'central role' of the UN Convention against Transnational Organised Crime, and the Palermo Protocol, and calls on all States to 'consider' ratifying them
  • requires the Secretary-General to mainstream the fight against trafficking into the UN's development and security policies and programmes, and to report to the GA on the implementation of the plan of action
  • requires the UN to report every two years (starting 2012) on trafficking patterns and flows, best practices and lessons learnt
  • links prevention of trafficking to the need to address the root causes, including poverty, unemployment, violence against women, humanitarian emergencies etc
  • encourages more effective cooperation and coordination at the national, bilateral, subregional, regional and international levels, with particular emphasis on boosting technical assistance to States that request it
  • encourages cooperative partnerships amongst States, civil society, the media, the private sector, and community leaders
  • includes a mechanism to 'appraise' implementation of the plan of action in 2013 (para.6 of 64/293)

Looking forward

It will be interesting to see how States deal with the issue of human trafficking at the upcoming 65th session of the General Assembly. The call for a global plan of action against human trafficking first emerged at the General Assembly in 2005, and has been repeated in the annual trafficking resolution that is brought by Belarus (e.g. Resolution 64/178).

A more immediate test will arise at the  Conference of the Parties to the UN Convention against Transnational Organised Crime, which will take place in Vienna in October. One of the key issues under discussion at that meeting is whether the Parties will establish a review mechanism for the Convention. Given that there is now a review mechanism for the global plan of action, there is concern that there will be resistance to establishing a parallel process under the Convention.

* Dr Chutikul (Thailand), a member of the UN Committee on the Elimination of Discrimination Against Women, and Chairperson of Thailand's National Subcommittee on Combating Trafficking in Children and Women; Ms Maria Grazia Giammarinaro (Italy), OSCE Special Representative for Combating Trafficking in Human Beings; and Dr Aleya Hammad (Egypt), Co-founder and Board Member of Suzanne Mubarak Women's International Peace Movement.

** Ghana (on behalf of the African Group), Belgium (on behalf of the EU), Portugal, Cape Verde, Belarus, Japan, Thailand, Russian Federation, US, Cuba, St Vincent and the Grenadines, Nicaragua, Colombia, Brazil, Philippines.